pulpfiction0 Posted December 1, 2018 Report Share Posted December 1, 2018 Sued by Amex (via their usual collection attorneys) in CT. Filed MTC in lieu of an Answer, along with exhibits showing 1) DV letter in which I elect Arb and 2) Amex cardholder agreement. MTC scheduled to be decided via papers (only a select few types of motions are arguable in CT) shortly. Law firm replies to my MTC acknowledging my right to arbitrate, but demand that I initiate within 60 days and pay. Planning to respond that 1) Amex has claims against me; I do not have claims against them (although I do theoretically have a claim against the law firm). Therefore, they should be the party to initiate and 2) Contract states they will pay the cost of Arb, including the consumer fee upon request. Should I do so? If so, do I do it in the format of an informal letter to the Court, or do I need to construct a formal Reply? Thank you! Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted December 1, 2018 Report Share Posted December 1, 2018 52 minutes ago, pulpfiction0 said: Law firm replies to my MTC acknowledging my right to arbitrate, but demand that I initiate within 60 days and pay. So do it. 53 minutes ago, pulpfiction0 said: Planning to respond that 1) Amex has claims against me; I do not have claims against them (although I do theoretically have a claim against the law firm). Therefore, they should be the party to initiate and 2) Contract states they will pay the cost of Arb, including the consumer fee upon request. DO NOT split hairs over who should initiate. File the case in arbitration and get it started. You can sort out if they are actually required to pay the fees next. Keep in mind that the more you antagonize them the worse your settlement options get. You will not win this in arbitration. It is why AMEX is not afraid to go there. With an OC the goal is a good settlement. The more ticked off AMEX gets the harder they will fight. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted December 2, 2018 Report Share Posted December 2, 2018 8 hours ago, Clydesmom said: You will not win this in arbitration. Never loose sight of this very important fact. There are a zillion stories of people taking AMEX to arb, and they never end with the consumer reporting "I won!" AMEX will cut off their nose 100 times to spite their face just once. Quote Link to comment Share on other sites More sharing options...
pulpfiction0 Posted December 2, 2018 Author Report Share Posted December 2, 2018 22 hours ago, Clydesmom said: So do it. DO NOT split hairs over who should initiate. File the case in arbitration and get it started. You can sort out if they are actually required to pay the fees next. Keep in mind that the more you antagonize them the worse your settlement options get. You will not win this in arbitration. It is why AMEX is not afraid to go there. With an OC the goal is a good settlement. The more ticked off AMEX gets the harder they will fight. I'm well aware that I will not win in Arb. The end-game is to delay the process as long as possible and get the best possible settlement.. Again, I have zero illusions of an arbitrator siding with me. Nor do I believe Amex will back down in Arb. I'm okay with being the party to initiate if I must, but am going to take the approach that since Amex is the one with the claim against me, they should be the one to initiate. Will also send a certified letter demanding they pay the $250 as per contract. Quote Link to comment Share on other sites More sharing options...
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